On December 11, 2013, Devyani Khobragade, then the Deputy Consul General of the Consulate General of India in New York City, was charged by U.S. authorities with committing visa fraud and providing false statements in order to gain entry to the United States for Sangeeta Richard,[1] a woman of Indian nationality, for employment as a domestic worker for Khobragade in New York.
[23] The complaint then alleges that Khobragade asked Richard to sign another employment contract shortly before leaving India, which was not intended to be revealed to the U.S.
[19][22] On September 4, 2013, the US State Department issued a letter to the Indian ambassador to probe the allegation of Richard and for proof of minimum wages paid.
[22][27] Indian media claimed that the cost of air tickets for Philip Richard, and two children Jennifer and Jatin, was paid by the U.S. Embassy to India.
The charges allege that she committed visa fraud willfully and under penalty of perjury under Title 18, United States Code, Section 1546.
Khobragade was arrested by US Department of State's Diplomatic Security Service on December 12, 2013, around 9:30 am after dropping off her daughters at school on West 97th Street in Manhattan.
[8] After her release, Khobragade wrote an email to her colleagues in the Indian Foreign Service where she claimed that she "broke down many times", owing to "the indignities of repeated handcuffing, stripping, and cavity searches, swabbing", and to being held "with common criminals and drug addicts".
Credic-Barrett also stated that anyone taken to holding cells of the New York federal courthouse is automatically subjected to a strip search if they are placed among other prisoners.
[30] For about two hours after her arrest, she was allowed to make numerous phone calls in order to arrange for child care and sort out personal matters.
[46] Hours after Khobragade was indicted for visa fraud, India refused the US request to waive the immunity and transferred her to the Ministry of External Affairs in New Delhi.
[47] On January 9, 2014, Khobragade left the United States by plane to India after first receiving permission from U.S. District Judge Shira Scheindlin upon the advice of her lawyer, Daniel Arshack.
"[49] There are other accounts that despite Khobragade's media bravado, she was reluctant to leave US and had to be sternly told to return to India by the Indian External Ministry.
[50] Khobragade's children, aged 4 and 7, have remained in the U.S. with her husband Dr. Aakash Singh Rathore, who was then a visiting scholar in the department of Arts and Sciences at University of Pennsylvania.
[54][55] On February 8, 2014, Khobragade moved for her visa fraud charge to be dismissed, reasoning that the country had no authority over her as she was granted diplomatic immunity when the indictment case was filed.
[62] On January 10 the Indian government ordered the expulsion of US diplomat Wayne May because he had assisted Richard's family in securing T-visas and traveling to the United States.
In an email to her Indian diplomatic colleagues released to the media on December 18, 2013, Khobragade wrote:[31] I am so grateful for all the outpouring of unequivocal support and backing that has been available to me from the fraternity.
I take comfort in the confidence that this invaluable support will also be translated into strong and swift action, to ensure the safety of me and my children, as also to preserve the dignity of our service which is unquestionably under siege.
While I was going through it, although I must admit that I broke down many times as the indignities of repeated handcuffing, stripping and cavity searches, swabbing, hold up with common criminals and drug addicts were all being imposed upon me despite my incessant assertions of immunity, I got the strength to regain composure and remain dignified thinking that I must represent all of my colleagues and my country with confidence and pride.
"[70] In further protest, several senior politicians and officials from Indian government refused to meet the US Congressional delegation that was visiting India at that time.
[8][7] The US Congressional delegation included representatives George Holding, Pete Olson, David Schweikert, Rob Woodall and Madeleine Bordallo.
[71] Former Finance Minister Yashwant Sinha called for the arrest of same-sex companions of US diplomats, citing the Supreme Court of India's recent upholding of Section 377 of the Indian Penal Code.
[80] Bahujan Samaj Party leader Mayawati complained that the Indian government was not reacting strongly enough, asserting that it was insufficiently supportive to Khobragade because she belonged to a Dalit caste.
[80][82][84][85] On January 23, 2014, Indian External Affairs Minister Salman Khurshid raised with US Secretary of State John Kerry, the issue of granting US visa to the husband of Sangeeta Richard despite a police case pending against him in a Delhi court.
[86] On January 29, 2014, Indian ambassador to United States, S Jaishankar opined that this incident should never have happened and called for the need of greater sensitivity, of better understanding and of stronger oversight of ties between two countries.
[24] On the evening of December 19, 2013, US undersecretary of state for political affairs Wendy Sherman called up Indian foreign secretary Sujatha Singh to convey regrets regarding the episode.
[94] Sherman spoke with Indian Foreign Secretary Sujatha Singh to stress the importance of ties following the arrest details and pledged to work through the complex issues of the case.
[95] On December 19, 2013, State Department Spokeswoman Marie Harf told reporters Washington was not pressuring U.S. law enforcement to drop the case.
On December 20, 2013, Dana Sussman, staff attorney in the anti-trafficking program at Safe Horizon said there was "frustration and disappointment that the media and the officials portrayed this story in the way that they have.
"[25] In court papers filed in Delhi, Richard's husband Phillip alleged that she was required to work from 6 am to 11 pm every day, with just two hours off on Sunday to go to church.
[105] On December 20 a group of nearly fifty people representing migrant domestic workers protested for an hour outside the Indian Consulate in New York City.